Legal Opinion

Claim of Wilson v. C. Dorflinger & Sons

New York Court of Appeals

Decided April 25, 1916PublishedCited by 22 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 9, 1915, which affirmed an award of the state workmen’s compensation commission. The facts, so far as material, are stated in the opinion. ' At the time of the accident the decedent was not engaged in any of the hazardous employments within the meaning and scope of the Workmen’s Compensation Law.

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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 9, 1915, which affirmed an award of the state workmen’s compensation commission. The facts, so far as material, are stated in the opinion. ' At the time of the accident the decedent was not engaged in any of the hazardous employments within the meaning and scope of the Workmen’s Compensation Law. (State Board v. Gasau, 195 N. Y. 197; Aultman & Taylor Co. v. Syme, 163 N. Y. 54; People ex rel. Kinney v. White, 64 App. Div. 390; Lantry v. Mede, 127 App. Div. 557)…

1Opinion of the Court

Willard Bartlett, Ch. J.

This claim grows out of the accidental death of William H. Wilson, the husband of the claimant, who was employed as a porter and shipping clerk by 0. Dorflinger & Sons, who were engaged in the business of selling glassware in the city of New York. One of the incidental duties of Wilson was to operate an elevator on the premises of his employers when he had occasion to use the same. On September 30, 1911, being engaged in thus operating the elevator, he accidentally fell down the elevator shaft, and was so severely injured that he died on the same day as the result of…

2Cited by22 opinions

  1. McVey v. Chesapeake & Potomac Telephone Co.West Virginia Supreme Court · 1927
  2. Claim of Europe v. Addison Amusements, Inc.New York Court of Appeals · 1921
  3. Claim of Vincent v. Taylor Bros.Appellate Division of the Supreme Court of the State of New York · 1917
  4. Claim of Mulford v. A. S. Pettit & Sons, Inc.New York Court of Appeals · 1917
  5. Matter of Stoerzer v. City of New YorkNew York Court of Appeals · 1935

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